In the last two weeks a lot has been said about Botswana being plunged into a Constitutional crisis. It has further been alleged that whilst the so called “crisis” is ongoing, His Excellency has said nothing to the nation and even in some instances allegations have been leveled at him as being the cause of the so called crisis.

I wish to ally fears that Batswana may have with regard to the so called “Constitutional Crisis.”

It is procedural and therefore normal that when any matter of Law is not understood or has the risk of not being well applied, then recourse is sought in the Courts of Law. In this instance, the Attorney General has referred the matter to the third arm of the Government (the Judicature) for interpretation as the Executive and the Legislature seem not to agree on the understanding and application of some provisions of the Constitution.

The basis for the sub judice rule is that in terms of the Constitution of Botswana, the court is independent and it is the role of the court only, to deal with legal issues that are before it. The court’s role should not be usurped by anybody else making public statements about how the issues before it should be dealt with.

The rule applies where court proceeding are ongoing, and through all stages of appeal until the matter is completed. It may also apply where the court proceedings have not yet started but are imminent.

The rule is not limited to parties in a case or their lawyers. It applies to the public, statements by public officials and statements made in Parliament.

Therefore, when a matter is before the Courts, it cannot be discussed or dealt with by anybody as this would violate the sub judice principle. Rightly so, His Excellency the President does not intend to breach the sub judice principle.